(DNR # DG-25-10)
Revises sections NR 142.03 (1), (2) and (3) and creates Chapter NR 856, relating to the registration and reporting process for water withdrawals and affecting small business. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on small businesses. This rule will affect small businesses that supply their own water with water supply systems that have the capacity to withdraw over 100,000 gallons per day. Small businesses, like other entities that are affected by this rule, will have to determine the amount of water used on a monthly basis and report that water use annually. Small businesses that receive water solely from a public water supply will not be impacted by this rule. The registration, withdrawal measurement, and reporting requirements are straightforward and can be accomplished by most individuals with no specific professional background.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Environmental Protection — General, Chs. NR 100
Environmental Protection — Water Supply,
Chs. NR 800
(DNR # DG-23-10)
Repeals section NR 142.03 (4) and creates Chapter 850, relating to water withdrawal fees in the Great Lakes basin and affecting small business. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Although the rule will primarily affect public water systems, power companies, and large industrial water users, small businesses that will be affected include agricultural operations, including irrigation, livestock, and aquaculture. The department lacks comprehensive data regarding water withdrawals; however, the data the department does have suggests that relatively few small businesses withdraw more than 50 MGY. The proposed modification would limit the fees charged to a small business to $1,000.
Small businesses that withdraw an average of 100,000 gallons of water per day or more in any 30-day period must report their calendar year water usage to the department by March I of the following calendar year. Minimal computer skills will be necessary to report the amount of water withdrawn annually. Fees based on the amount of water withdrawn must be paid by June 30th . The department is developing an online reporting mechanism for water withdrawals that is expected to be easy to use and take little time to complete.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs. NR 400
(DNR # AM-06-10)
Revises Chapter NR 410, relating to asbestos inspection and notification fees. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rule changes do not increase any regulatory or reporting requirements on small businesses. Asbestos notification fees that are proposed to be increased by this rule are ultimately paid by the owners of the structures that are being renovated or demolished. Some of those owners are small businesses. However, the increased fee amounts are a very small percentage of the overall cost of the related renovation or demolition projects. No comments were received from building owners concerning the proposed increased fees. Three comments were raised during the public comment period by asbestos abatement contractors, who were likely small businesses. It is quite common for abatement contractors to initially pay the notification fees for a project, and then be reimbursed once they are paid for their work. The issue is the notification fee cost that is “carried" by the contractors during the course of the abatement contract. We believe this can be mitigated by structuring abatement project contracts to provide for payment of notification fees by the project owners as those costs are incurred.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. A hearing was held by the Senate Committee on September 29, 2010. No comments or requests for modifications from either committee were forwarded to the Department.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs. NR 400
(DNR # AM-09-10)
Revises Chapter NR 410, relating to air management new source permit application review fees. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rule has the potential to have a significant impact on a substantial number of small sources.
I. Identify and discuss why the rule includes or fails to include any of the following methods for reducing the impact on small business.
A. Less stringent compliance or reporting requirements.
Not applicable. Proposal does not impose any compliance or reporting requirements
B. Less stringent schedules or deadlines for compliance or reporting requirements.
Not applicable. Proposal does not impose any compliance or reporting deadlines.
C. Consolidation or simplification of performance standards in lieu of design or operational standards.
Not applicable. Proposal does not impose any performance, design or operational standards.
D. The establishment of performance standards in lieu of design or operational standards.
Not applicable. Proposal does not impose any design or operational standards.
E. The exemption from any or all requirements of the rule:
Proposal applies to sources that do not qualify for exemptions that currently exist in permitting rule. Proposal does provide relief for small business for additional fees that apply over and above the initial application fee when the small business withdraws the permit application prior to a final determination being made.
II. Summarize the issues raised by small business during the rule hearings, any changes made in the proposed rule as a result of alternatives suggested by small business and the reasons for rejecting any alternatives suggested by small business.
No issues were raised by small business during the hearings or during the public comment period.
III. Identify and describe any reports required by the rule that must be submitted by small business and estimate the cost of their preparation.
No reports are required by the proposal.
IV. Identify and describe any measures or investments that small business must take to comply with the rule and provide an estimate of the associated cost.
No measures or investments need to be made by small business to comply with the proposal.
V. Identify the additional cost, if any, to the state in administering or enforcing a rule which includes any of the methods listed in I. A through E.
Not applicable.
VI. Describe the impact on public health, safety and welfare, if any, caused by including in the rule any of the methods listed in I. A through E.
Not applicable.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. A hearing was held by the Senate Committee on September 29, 2010. No comments or requests for modifications from either committee were forwarded to the Department.
Natural Resources
Environmental Protection — Water Supply,
Chs. NR 800
(DNR # DG-24-10)
Creates Chapter NR 852, relating to water conservation and water use efficiency for water withdrawals and affecting small business. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on small businesses. This rule will affect small businesses that supply their own water using water supply systems in the Great Lakes basin with certain water withdrawals as identified in Tier 1, Tier 2 or Tier 3 and businesses statewide that withdraw water that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period. Small businesses will have to submit an annual report describing and quantifying the success or failure of the implemented CEMs and documentation of any other implemented CEMs as required for Tier 2 or Tier 3 withdrawals. The implementation of water conservation and efficiency measures required for this rule may require basic engineering and accounting skills to analyze the CEMS for cost effectiveness and determine if the CEMs are environmentally sound and economically feasible. Department staff will offer compliance assistance services to help small businesses implement conservation and efficiency measures. Depending on the business sector, there may be a need for businesses to hire external professionals to assist with engineering or accounting skills to implement the CEMs. Small businesses that receive water solely from a public water supply will not be impacted by this rule.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Amends section PI 34.31 (2) and creates section PI 34.01 (52m), relating to school nurse certification. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Regulation and Licensing
An order of the Department of Regulation and Licensing to repeal RL 7.07 (1) and Appendix I to ch. RL 7; to renumber RL 7.03 (6); to renumber and amend RL 7.03 (1) and (3) to (5); to amend ch. RL 7 (title), RL 7.01 (2), 7.02 (1) to (2b) and (7), 7.03 (2), 7.04 (1) (e), (f), (2) and (3), 7.05 (3), 7.07 (3) (a), (b) and (c), 7.08 (2) and 7.11 (1) (d) and (e); and to create RL 7.03 (1) and 7.07 (3) (e) and (4), relating to the impaired professionals procedure. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
After review by the department's Small Business Review Advisory Committee, it was determined that these proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
The Wisconsin Department of Transportation adopts an order to create Trans 75, relating to bikeways and sidewalks in highway projects. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This proposed rule has no effect on small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
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